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Officer's use of comp time questioned during hearing

By Emily Devlin, edevlin@sentinelandenterprise.com

Updated:
01/08/2010 06:32:46 AM EST

FITCHBURG -- Accusations that Capt. Charles Tasca misused compensatory time inside the Police Department came down to Tasca's word against Police Chief Robert DeMoura's at a disciplinary hearing inside City Hall Thursday morning.

"At the heart of your conclusions is your belief in DeMoura's version of the conversation, rather than Capt. Tasca's version," Tasca's attorney, Austin Joyce, of Worcester, asked former Tewksbury Police Chief Alfred Donovan during the hearing.

Donovan agreed that he believed DeMoura rather than Tasca, but also questioned why Tasca didn't just enter the comp days under a legitimate category.

Tasca has admitted to first putting in for days off under the auspices of vacation time, and then changing it to a category called "other/department/union," which indicated he was working.

Mayor Lisa Wong hired Donovan by verbal contract in September to carry out an investigative audit of the Police Department.

Donovan testified he told Ciota and Wong that he wanted to be paid in the "ballpark" of $5,000 to $10,000 to carry out the investigation.

An investigation of Tasca has been a piece of the audit, because he has taken 10 paid comp days since June 2009, which he says he accrued when he served as acting chief in 2001 and 2002.

"I asked Capt. Tasca why he took this time, and his explanation was that he accumulated time owed when he worked over 40 hours as acting chief," said Donovan.

DeMoura said he picked up on Tasca's use of comp time in November, and informed City Solicitor Michael Ciota.

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Wong, through Ciota, has said Tasca did not have the authority to use that kind of paid time, which led her first to place him on paid administrative leave on Dec. 4, and ultimately put him on a five-day, unpaid suspension on New Years Eve.

Tasca appealed the suspension, and a hearing on the matter was rolled into the disciplinary hearing Thursday. A host of city councilors, city department heads and members of the Police Department, attended the proceedings, which lasted nearly five hours.

DeMoura testified Thursday, sitting across the table from Tasca, who looked on without emotion. Wong attended the beginning of the hearing, and watched the proceedings from her seat in the audience.

Peter Berry, the hearing officer appointed by Wong, said he would likely provide Wong with a report, recommending whether to further discipline Tasca Thursday afternoon. Ciota said during the hearing that Tasca's actions "constitute larceny," and that "the city believes there is just cause to terminate (Tasca's) employment."

Wong did not return phone calls Thursday night.

The exchange between Ciota, Joyce and those being interviewed was often tense.

DeMoura and Tasca agreed that they had a conversation in May 2009 about Tasca's need to take time off to care for his daughter, who was diagnosed with cancer.

The two confirmed that the discussion was witnessed by former Lt. Mark Louney, and Phyllis Cheeseman, DeMoura's former secretary,

But while Tasca claims he told DeMoura he wanted to use comp time he accrued when he worked extra hours as acting chief, DeMoura says the type of time Tasca would use was not discussed.

"I told him to take all the time he needs off," DeMoura said while under oath Thursday, though he noted he was referring to "legitimate, recorded time off, that was on the books."

Tasca disagreed, saying he described to DeMoura the comp time he wanted to use, telling him it wasn't recorded in the Police Department database, but rather tallied up in his mind.

"(DeMoura) said 'I understand how that happens, and how that time works," said Tasca while under oath. "He said 'No problem. Don't worry about work. Good luck with your daughter."'

Tasca said the meeting lasted about five minutes.

Joyce criticized Donovan for failing to interview the witnesses, Cheeseman and Louney, as part of the investigation. He called Donovan's investigation "sloppy," and said Wong "rushed to judgment on Tasca."

Louney testified on behalf of Tasca Thursday, saying Tasca specifically asked whether he could use the comp time he accrued as acting chief.

"The chief indicated that he could. He gave him his best wishes for his family, and told him not to worry about work," said Louney.

Ciota countered Louney's testimony by pointing out that he also was slated to be investigated, but retired in October, the day before his interview with Donovan.

Ciota also asked Louney if he was personal friends with Tasca, which Louney admitted that he was.

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